Sloss-Sheffield Steel & Iron Co. v. Webb
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by W. F. Webb against tbe Sloss-Sheffield Steel & Iron Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by W. F. Webb against tbe Sloss-Sheffield Steel & Iron Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6 of tbe Acts of 1911, p. 450. Tbe complaint alleged in effect that defendant was engaged in mining iron ore near Russellville, Ala., and maintained a large pond of water by means of an embankment of tbe lower side of tbe pond; that tbe embankment was constructed of earth and so insecurely maintained that it broke (giving tbe date) and caused a large quantity…
1Opinion of the Court
ANDERSON, J.-
— The gravamen of plaintiff’s action was the causing of damages to his leasehold by an overflow of a pond maintained by the defendant, and which said overflow Avas caused by the breaking of a dam Avhich had been insecurely built. If the creation of the pond so changed the natural flow of the water as to injure the plaintiff because of the insecurity of the dam, it matters not whether it was or was not negligently constructed, or whether or not the water course was negligently changed. The defendant owed the plaintiff the duty to not change the course of nature so as to interfere…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- White v. TolliverSupreme Court of Alabama · 1895
- Central of Georgia Railway Co. v. SimsSupreme Court of Alabama · 1910
- Lindsay v. MorrisSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- May v. StricklandSupreme Court of Alabama · 1938
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Avery v. Geneva CountySupreme Court of Alabama · 1990
- Ex Parte LockhartSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.